Law and the Wearing of Religious Symbols: Review of European Bans on the Wearing of Religious Symbols in Education, by Erica Howard, Routledge 2012
International Journal of Discrimination and the Law 2012 12: 243
9 Pages Posted: 6 Jul 2015
Date Written: September 24, 2012
The conclusion reached by the author, whereby the chosen legal basis and the court that applies it do not matter may therefore need some nuance. In turn, this shows that “legal cultures” of particular courts and particular jurisdictions – albeit not set in stone - may not be dismissed entirely. If subtle cultural variations cannot be avoided, so can one not ignore the need to search for conciliation through more and better use of proportionality tests and negotiation processes. Erica Howard proposes exactly that: a strict and well balanced test susceptible to increase harmony, integration and autonomy in educational institutions across Europe.
Keywords: religious symbols, right of accommodation, proportionality, comparative law
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